Sec. 6. (a) Except as provided in subsections (b) and (c), a person who operates a motorboat while: (1) having an alcohol concentration equivalent (as defined in IC 9-13-2-2.4 ) to at least eight-hundredths (0.08) gram of alcohol per: (A) one hundred (100) milliliters of the person's blood; or (B) two hundred ten (210) liters of the person's breath; (2) having a controlled substance listed in schedule I or II of IC 35-48-2 or its metabolite in the person's body; or (3) intoxicated; commits a Class C misdemeanor. (b) The offense is a Level 6 felony if: (1) the person has a previous conviction under: (A) IC 14-1-5 (repealed); (B) IC 14-15-8-8 (repealed); or (C) this chapter; or (2) the offense results in serious bodily injury to another person. (c) The offense is a Level 5 felony if the offense results in the death or catastrophic injury of another person. (d) It is a defense to a prosecution under subsection (a)(2) that the accused person consumed the controlled substance in accordance with a valid prescription or order of a practitioner (as defined in IC 35-48-1.1-34 ) who acted in the course of the practitioner's professional practice.
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